Posted by Eileen McRorey on 9/26/09 10:22am
Msg #305151

Hawaii notary = help please

I am preparing to sign a mortgage on a home in Hawaii. We will be moving there. However, we are signing the papers in Missouri. There is an extra box on the notary page that asks for the seal, doc name, pages, circuit (?), etc. What is this? Does the Missouri notary have to fill that out? I am an NSA here and have never seen this, nor has the notary we are using seen it. HELP!

Reply by jba/fl on 9/26/09 10:42am
Msg #305157

Without seeing it and the exact wording, it sounds almost like a generic acknowledgement form, where below is listed the name of the doc, seal - perhaps comm. #?, number of pages and the circuit stumps me altogether. Perhaps that is for the filing entity? Perhaps the whole thing is for the filing entity when being recorded. We still have to wait for Hawaii to wake up - so this is my best guess.

Reply by ChristineHI on 9/26/09 8:43pm
Msg #305226

Aloha from Maui Hawaii!
In Hawaii they started what is called a certification process. It is supposed to help prevent fraud.
When I notarize documents I have to fill that information out, it has my seal, the name of whatever the document is, how many pages it is and the circuit of the court for the county you are in, in my case it is 2nd circuit.
If that is not on the docs already printed, I have a stamp that I use that has that information. It is required on all notarized docs.
I don't think you can fill that out though since the signing is not being done in Hawaii so you don't have circuit information.
The thing I would be worried about though is the mortgage, the recorded document. The county might kick it back if it is not there.
The other documents shouldn't matter since it is the lender only that looks at those, and perhaps title.
To be safe though, if you have time, I would call the Hawaii State attorney general's office on Monday at (808) 586-1500. They are open from 7:30am to 4:30pm Hawaii time. We are 3 hours behind California in time. They are in charge of notary regulations in Hawaii and could advice you as well.
Feel free to private message me with any further questions on this closing as well. I have been in the business for over 18 years and live in Hawaii so I could probably help if you need it.
Good luck. What island are you moving to by the way? Life in Hawaii is great, but be prepared for life to get expensive. It is very very expensive here. :-)
ALOHA!

Reply by Linda_H/FL on 9/26/09 9:28pm
Msg #305233

Re: Hawaii notary = help please...Christine - question

She posted this on another forum - do they not have to follow the laws where the notarization is taking place - and doesn't Hawaii have to accept it?...Just like the mainland?

I love learning about other states...

Reply by jba/fl on 9/26/09 9:36pm
Msg #305235

Re: Hawaii notary = help please...Christine - question

that is what I was thinking also - repricosity (?) between states and all that. Perhaps TC will fill in the circuit - they should know.

Reply by ChristineHI on 9/26/09 9:42pm
Msg #305238

Re: Hawaii notary = help please...Christine - question

I don't think title would fill it out since it is the circuit for the county where the signing takes place. They may allow you to put the circuit for where the property is however that is not what you normally do. Like if I do a signing for a property in Oahu I still put 2nd circuit for Maui. Oahu is 1st circuit I believe. I will let this notary and you know what they say. Great question! :-) It's a weird thing honestly. I just need more stamps and it takes more time and I don't see how it prevents fraud, but gotta do what they want. :-)

Reply by ChristineHI on 9/26/09 9:36pm
Msg #305236

Re: Hawaii notary = help please...Christine - question

I would just be concerned that the county might kick it back at recording as they look for that when recording the mortgage. Kind of like when I do signings for states like Georgia. They require a witness signature and we don't here. I still have to get a witness because that state requires it. That is my main concern and I am actually going to call the attorney generals office myself. It's a great question. I've never thought about what someone does who signs outside of Hawaii for Hawaii properties. Got me thinking now too! :-)

Reply by PAW on 9/27/09 7:30am
Msg #305255

Re: Hawaii notary = help please...Christine - question

You're mixing recording requirements vs execution/acknowledgment requirements. Witnesses are required to record a land title document in GA, and some other states. However, the information you are talking about on the notary certification is in regards to the execution/acknowledgment of that document, which falls under notary law. Every state will accept the execution/acknowledgment of the other states. So the notary "circuit" information would not apply in other states, but the recorder should not reject the recording of the instrument if the notary certificate is valid and done pursuant to state law where the instrument was executed and signatures notarized.

Reply by ChristineHI on 9/27/09 1:57pm
Msg #305273

Re: Hawaii notary = help please...Christine - question

Great point! Perhaps just attaching your own acknowledgement would do the trick. I am gonna call them anyway because I am curious now but I think PAW is correct. That makes sense. Great question though. I hadn't ever thought of it before. :-)

Reply by Laura_V on 9/27/09 12:57am
Msg #305246

Christine nailed it and .......

Christine knocked it out of the park. And.......

I do lots of these. US real estate is so darn cheap now, the Canadians are buying up the sunshine states and paying cash with rarely a loan. (Their banks are not allowed to get away with as much cr@p as in the US so they are in better shape. Plus the Canadian $ is VERY close to the US buck right now.)

Until a couple of months ago, Hawaii docs were so "hang loose" they were silly. But I would guess some govt agency finally got out there and everything is now tight as it should have been all along.

A few tips:
Most deeds involve an oath on the Ack form. Watch for it.

Hawaii likes black ink.

If there is a blank line for the date on the Deed (or similar - lots of variations in Hawaii) call the TC. You may be required to fill it in.

You'll love these appts. People are so happy to be buying property in Paradise!

Aloha to you as well, future paradise dweller! LauraV

Reply by ChristineHI on 9/27/09 2:05pm
Msg #305274

Re: Christine nailed it and .......

I must agree with the happy borrower thing. In my case I mostly deal with locals refinancing but most of us who live here are quite happy and relaxed. I don't usually encounter annoying borrowers. There is a thing we call Ohana here which means family and we feel that way about eachother. We treat eachother as if we are all family. That is why I love living and working here. I also sign a lot of tourists on vacation and they are usually even more relaxed. Sitting by the pool signing docs...just don't get the papers wet. :-)
Our governor came up with this certification thing just this year. Not sure if it helps at all but I guess we gotta try. :-)

Reply by ChristineHI on 9/28/09 3:58pm
Msg #305462

FYI: PAW is correct. Per the office of attorney general, The certification is a notary law only. They said to attach your own acknowledgment or just don't fill out that section. There have been cases of the mortgage getting rejected but the county would be in the wrong. Great question! Aloha!

Reply by Eileen McRorey on 10/1/09 8:21am
Msg #305783

Thanks so much for your help. We did the signing and the notary did not fill in the certificate and so far there has been no problem with the escrow co/loan officer. It should go to the county on Friday or Monday as the papers cannot be filed until two days after funding. I am learning a lot on my own mortgage that will give me insight after I become a Hawaii notary and rebuild my business there. I am really looking forward to moving before winter strikes (will be leaving for Oahu within two weeks) and enjoying my little piece of Paradise. Imagine, no more last minute signing requests during a blizzard!!!